bob, a lot of people are calling for the death penalty. we are far away from that decision. but in federal court, does it matter where the case takes place -- in massachusetts or elsewhere? >> no, absolutely not. if the charges are lodged of using a weapons of mass destruction to murder american citizens, they can seek the death punishment. it's up to the department of justice. but boston or any other venue would be able to do that. >> jamie: you can guess how the jury pool will feel about this? >> right. that's all over the country, not just boston. this is a very serious case, especially whenw what our country has been through in the. >> jamie: you both agree it should be in a civilian court t. seems to be that's the direction it's going, not a military tribunal. he may not be in a condition to be asked any questions. but is anything off limits? >> at this point, they for using the public safety exception. but it's very murky, with regard to the case law. the longest time that a case has ruled in this is 50 minutes from the time of the arrest, for purposes of questioning s